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Partner Visa Chosen Over ENS Pathway for Applicant Expecting a Child

Visa TypeSubclass 820
CategoryPartner Visa

Case Summary

An applicant on a Subclass 457 visa who was expecting a child with her Australian citizen partner faced multiple permanent residence pathways. We advised that a partner visa offered a faster and more reliable route to permanent residency than the Employer Nomination Scheme, and secured a grant within 12 months.

Background

Our client had arrived on a Working Holiday Visa and transitioned to a Subclass 457 Temporary Work visa with the same employer for three years. She came to us seeking advice on extending her stay. Around the same time, she advised that she was in a relationship with an Australian citizen and expecting a child. While she could theoretically apply for permanent residence under the Employer Nomination Scheme's temporary transition stream, her employer had recently changed its ABN, creating delays and complications with the nomination process. Alternatively, she could pursue a partner visa on the basis of her relationship.

Challenges

  • Employer ABN change created delays in the ENS nomination pathway requiring additional sponsor approval steps
  • Multiple pathway options required careful analysis to identify the most suitable route
  • Impending birth of a child added urgency to obtaining stable migration status

How We Helped

We assessed both options carefully and advised that the partner visa pathway offered a faster and more streamlined route to permanent residence and ultimately Australian citizenship given the circumstances. We compiled documentation demonstrating the genuine and continuing nature of the relationship and lodged the Subclass 820 application.

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Key Success Factors

  • Lateral thinking in comparing the ENS and partner visa pathways for this specific client
  • Recognition that the employer's ABN complications made the ENS route slower and less reliable
  • Thorough relationship evidence established to demonstrate the genuine and ongoing relationship
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Subclass 820 Partner Visa was granted within 12 months of our initial advice, providing the applicant with a clear and expedient pathway to permanent residency.

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